Have I committed a crime by not declaring a salary in India while working as an NRI?
How can NRI file a police complaint in India?
If you face any grievance while you are on a visit to India, you may approach the local authorities (e.g. the police station) to lodge a complaint. There is also an NRI complaint cell in India. It is the office of the Protector General of Emigrants.
Can NRI file a cheating case in India?
You need to file a criminal complaint for cheating, misappropriation of funds to the police concerned. In case police do not take any action (as usual in most of such cases), you need to file a criminal case before the court. Simultaneously, you also need to file a case for rendition of accounts and recovery of money.
How can I protect my NRI property in India?
Public notification: The NRI owner can put up a notification of the property in the local newspaper and shall save it for future purposes. Professional help: There are various companies ready for the protection of property and it can be done in return for service commission.
How can I complain to Indian police online?
How to file an online FIR:
- Go to the official website. (For example: For Delhi Police, visit the official website www.delhipolice.nic.in).
- Select the service option on the home page. …
- A new page will be displayed. …
- Recheck the details before submitting.
- You will get a copy of the FIR via an e-mail.
What can I do if police harass me in India?
Whenever there is a situation where a victim is needed to go to a Police Station to Complain Against a Police Officer, always take a lawyer with you. If there is a need to file a complaint against a Police Officer, over his misconduct, the victim should file it in the commissioner’s office in the city.
Does FIR against a person means his career is finished?
Yes, if he is applying abroad, it will affect his career. However, it doesn’t apply in India if you are going to engage him with any private or public industry.. Police verification is a very tedious process and it requires lot of time, which is not even properly followed in many Govt industries.
Does FIR affect visa?
Yes, it will affect you. You need to take special permission from the court to go abroad which the court might not allow. – Under section 498A , if accused supporting the police official , then bail is not mandatory, means it becomes bailable as per latest Supreme court judgement.
Can FIR be filed without evidence?
FIR can’t be thrown out on the death of the informant. The case needs to be proved on the basis of evidence collected by the prosecution during the course of investigation. FIR is not an evidence in a case, it is only a piece of informant with the police records with which the system comes into motion.
Can someone with FIR leave the country?
Only registration of FIR does not bar you to leave country until unless further action has been taken I.e. arrest or challan presentation. It also depends on the nature of allegation means under which section FIR has been registered and the role attributed to the accused.
Can a person on bail travel in India?
Unless the court has restrained you from travelling abroad you are at liberty to travel. The mere filing of the case, without being coupled with a restraint order from the court, does not prevent the accused from going out of India. However, it depends on the conditions on which your bail was granted.
Can I go abroad if I am on bail?
You do not have to obtain permission from the court unless the order pass by the judge while granting you bail explicitly states that you are not allowed to leave the country until the matter is pending. You must read your bail order carefully.
Can a person who is undergoing a criminal case in an Indian court go abroad for a job?
Yes he can go abroad, however he need to appear in court to record his statement when evidence stage begins and he is summoned by the court to appear as witness.
Can I get passport if criminal case pending against me?
Yes, even when a person has a criminal case be it 498A or any other pending against him, he can get a passport. For that two formalities have to be completed. A. The permission from the court as required under GSR70 dated 28.08.
How do I stop someone going abroad?
File complaint against that person in competent court of law and apply to court to impound passport of that person whom u want to restrict from leaving india… thus file criminal complaint againt that person in competent court of law.
Can I go abroad if a Cheque bounce case is going on?
According to section 138 of the Negotiable Instruments Act, 1881, the dishonour of cheque is a criminal offence. It lays down the punishment for dishonour of cheque as imprisonment up to two years or with monetary penalty or with both. It is advisable to not travel abroad if a case is going on and pending in India.
Does cheque bounce case affect passport?
there is provision of punishment and fine if you are proved guilt. So, if possible then it is better to compromise with the Complainant and thereafter proceed to abroad. By such act, no criminal case will be pending against you.
Is cheque bounce a non bailable offence in India?
Bail in cheque bounce is a matter of right of the accused as it’s a bailable offence. So you have to give an bail application through your advocate and have to give security as per the orders of the judicial magistrate.
What is the new rule of cheque bounce?
A cheque bounce is an offence under Section 138 of the Negotiable Instruments Act, 1881 (“Act”) punishable with a fine which can extend to twice the amount of the cheque or imprisonment for a term not more than two years or both.
Is cheque bounce a criminal case?
If a cheque is bounced citing insufficient funds in bank account, it is a criminal offence and the payee – the person or the bank – can file a complaint under Section 138 of the Negotiable Instruments Act.
What is the maximum punishment for cheque bounce in India?
two years
According to Section 138 of the Act, the dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both. If payee decides to proceed legally, then the drawer should be given a chance of repaying the cheque amount immediately.
How do you escape a cheque bounce case?
File a counter case: If the person files a false cheque bounce case against you in the court, you can file a reply to the case through a lawyer for cheque bounce case near you. You can also file a counter file of cheque against the person for filing a false cheque bounce case against you.
What is the bail amount for cheque bounce case?
The High Court directed that in the event of arrest of the applicant in connection with the aforesaid crime number, he shall be released on bail upon his furnishing personal bond in the sum of ₹ 50,000/- with one surety in the like amount to the satisfaction of the arresting officer.
What is the time limit for cheque bounce case?
As per Negotiable Instruments Act, legal notice must be sent within 30 days from the date of cheque bounce. Thereafter within 15+30=45 days from the date of sending the legal notice, case must be filed.
How long does it take to get the court Judgement on a cheque bounce case in India?
A Cheque bounce case normally takes an average of one year to complete the proceedings before trial court. The following are the important stages in a cheque bounce case. 1) Filing of complaint: The complaint needs to be filed before the jurisdictional magistrate within 30 days from the accrual of the cause of action.
How do you defend a 138 case?
Friendly loan concerning unaccounted money
Section 138 of the Negotiable Instruments Act, does not include within its purview the liability to pay an unaccounted cash amount. So, if there was a loan given which was in the form of an unaccounted cash, then it is not legally enforceable to repay it.